NY State Senate Bill 2023-S7597

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Jul 12, 2023	referred to rules

2023-S7597 (ACTIVE) - Details

See Assembly Version of this Bill:: A1598
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 27 Title 34 §27-3401, En Con L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A8884
2025-2026: A3059

2023-S7597 (ACTIVE) - Summary

Relates to recycling electronic cigarettes; requires electronic cigarette manufacturers to submit plans regarding the collection, transportation and recycling of electronic cigarettes to the commissioner of environmental conservation.

2023-S7597 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7597

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to recy-
cling electronic cigarettes

 
PURPOSE:

This legislation will protect from further environmental harm by requir-
ing electronic cigarette manufacturers to accept electronic cigarettes
and their lithium-ion batteries from retailers for recycling.

 
SUMMARY OF PROVISIONS:

Section one amends the environmental conservation law by adding a new
section 27-3201.

Section two establishes the effective date.

JUSTIFICATION:

As electronic cigarette use has surged in recent years, concerns have
been raised about the environmental impacts of these products.  Elec-
tronic cigarettes are largely made of plastic and carry disposable plas-
tic pods filled with liquid nicotine. The plastic pollution generated by
disposal of electronic cigarettes has only increased. It has been esti-
mated that more than one billion pieces of electronic cigarette-related
waste is generated each year, and unfortunately, there is no appropriate
place for consumers to properly dispose of the waste.

The lithium-ion batteries contained within electronic cigarettes also
present a hazard: lithium-ion batteries are classified as hazardous
materials by the United States Environmental Protection Agency and
should not be disposed of with household garbage or in recycling bins.
However, many electronic cigarette companies do not operate recycling
programs for consumers to return their used devices, leaving customers
no choice but to dispose of them improperly. When consumers throw out
used electronic cigarettes, the flammable lithium-ion batteries
contained inside pose a danger to sanitation workers. While some compa-
nies do accept batteries for recycling, electronic cigarettes are often
designed so that a consumer cannot remove the battery themselves.

Electronic cigarette companies must provide consumers with a safe way to
recycle their used products, particularly given the danger associated
with improper disposal of lithium-ion batteries. This legislation will
direct all manufacturers of electronic cigarettes to accept used elec-
tronic cigarettes for recycling and require vapor product dealers to
collect used devices from consumers. Further, the legislation will
require manufacturers to provide data to the Department of Environmental
Conservation on the number of products and batteries collected each
year.

 
LEGISLATIVE HISTORY:

2021-22: A.8884 - Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:
None to the State.

 
EFFECTIVE DATE:
180 days.

2023-S7597 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7597
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               July 12, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the environmental conservation law, in relation to recy-
   cling electronic cigarettes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 34 to read as follows:
                                 TITLE 34
                      ELECTRONIC CIGARETTE RECYCLING
 SECTION 27-3401. RETURN OF ELECTRONIC CIGARETTES FOR RECYCLING.
 § 27-3401. RETURN OF ELECTRONIC CIGARETTES FOR RECYCLING.
   1. MANUFACTURERS OF ELECTRONIC CIGARETTES SHALL ACCEPT THE  RETURN  OF
 SUCH  DEVICES FOR RECYCLING BY VAPOR PRODUCT DEALERS REGISTERED PURSUANT
 TO ARTICLE TWENTY-EIGHT-C OF THE TAX LAW. VAPOR  PRODUCT  DEALERS  SHALL
 ACCEPT THE RETURN OF ANY USED ELECTRONIC CIGARETTES FOR RECYCLING.
   2. ELECTRONIC CIGARETTE MANUFACTURERS WHICH IMPORT FOR PROFIT, SELL OR
 OFFER  ELECTRONIC CIGARETTES FOR SALE IN THIS STATE SHALL BE RESPONSIBLE
 FOR, AT A MINIMUM, THE FOLLOWING:
   A. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS TITLE, SUBMITTANCE
 TO THE COMMISSIONER OF A PLAN THAT IDENTIFIES THE METHODS BY WHICH  SUCH
 MANUFACTURERS  WILL SAFELY COLLECT AND RECYCLE ELECTRONIC CIGARETTES AND
 THE LITHIUM-ION BATTERIES CONTAINED THEREIN.
   B. SUBMITTANCE  TO  THE  DEPARTMENT  OF  ANNUAL  REPORTS,  ON  A  FORM
 PRESCRIBED  BY THE DEPARTMENT, CONCERNING THE AMOUNT OF ELECTRONIC CIGA-
 RETTES RECEIVED WITHIN THE STATE AND RECYCLED EITHER  BY  NUMBER  OR  BY
 WEIGHT; THE COSTS OF SUCH EFFORTS; AND ANY OTHER RELEVANT INFORMATION AS
 REQUIRED BY THE DEPARTMENT.
   C. UNDERTAKING OF EFFORTS TO EDUCATE CONSUMERS REGARDING THE APPROPRI-
 ATE WAYS TO RECYCLE ELECTRONIC CIGARETTES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05769-01-3
 S. 7597                             2

 
   3.  THE  COMMISSIONER SHALL APPROVE OR REJECT ANY ELECTRONIC CIGARETTE
 MANUFACTURER'S COLLECTION, TRANSPORTATION, AND RECYCLING PLANS DESCRIBED
 IN PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION WITHIN NINETY DAYS  OF
 SUBMISSION AND, IF REJECTED, INFORM THE ELECTRONIC CIGARETTE MANUFACTUR-
 ER  IN WRITING AS TO ANY DEFICIENCIES IN SAID PLAN. ELECTRONIC CIGARETTE
 MANUFACTURERS SHALL AMEND AND RESUBMIT ANY REJECTED PLANS FOR  RECONSID-
 ERATION WITHIN SIXTY DAYS OF NOTIFICATION OF THE REJECTION OF SAID PLAN.
 THE COMMISSIONER SHALL APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF
 RESUBMISSION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S7597

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2023-S7597 (ACTIVE) - Details

2023-S7597 (ACTIVE) - Summary

2023-S7597 (ACTIVE) - Sponsor Memo

2023-S7597 (ACTIVE) - Bill Text download pdf

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Sponsored By

Nathalia Fernandez

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2023-S7597 (ACTIVE) - Details

2023-S7597 (ACTIVE) - Summary

2023-S7597 (ACTIVE) - Sponsor Memo

2023-S7597 (ACTIVE) - Bill Text download pdf

Comments